LEGAL ETHICS 6.
No charge against him, involving moral
PRACTICE OF LAW
- any activity, in or out of the court, which
requires the application of law, legal
procedure, knowledge, training and
experience. It includes performing acts
which are characteristic of the legal
profession or rendering any kind of
service which requires the use in any
degree of legal knowledge or skill.
(Cayetano v Monsod)
ESSENTIAL CRITERIA IN DETERMINING
WHETER A PERSON IS ENGAGED IN PRACTICE
OF LAW
CAHA
1. Compensation
2. Application of law, legal principle,
practice or procedure
3. Habituality
4. Attorney-Client Relationship
 The practice of law is not a natural,
property or constitutional right but a
MERE PRIVILEGE.
 The legal profession is not a business. It
is not a money-making trade but a
sacred profession imbued with public
interest whose primary objective is
public service. It is a profession in
pursuit of which pecuniary reward is
merely incidental
 The practice of law is not a right but a
mere privilege [subject] to the inherent
regulatory power of the Court. It is a
privilege burdened with conditions. As
such, lawyers must comply with its rigid
standards, which include mental fitness,
maintenance of highest level of morality,
and full compliance with the rules of the
legal profession
*****QUALIFICATIONS FOR ADMISSION TO
THE BAR
1. Citizen of the Philippines
2. Atleast 21 yo
3. Resident of the PH
4. Of good moral character
5. Must have produced evidence of such
good moral character
turpitude, has been filed or is pending
before any PH court
7. Must have complied with all academic
requirements
8. Passed the bar examinations
9. Taken the lawyer’s oath
10. Signed the Roll of Attorneys
CONTINUING REQUIREMENTS FOR
MEMBERSHIP IN THE BAR:
1. Good Moral Character
2. Citizenship
 Note that the practice of law is a
privileged denied to foreigners
APPEAREANCE OF NON-LAWYERS
GR: Only those who are licensed to practice law
may appear and handle cases in court
XCPS:
1. Law Student Practice Rule (Rule 138-A)
a) He must have finished his 3rd year of
the regular 4 year prescribed law
curriculum
b) He must have been enrolled in a
clinical legal education program
 Always note of the basis of the
student’s appearance. If he appears on
the basis of Sec. 34 of Rule 138, he
need not comply with all the requisites
under Rule 138-A
2. Non-lawyers in Courts (See Sec. 34 of
Rule 138)
Before MTC
a) in person, with the aid of an agent or
friend, appointed for that purpose
b) with the aid of an attorney
Before RTC
a) In person
b) With the aid of an attorney
 A party’s representation on his own
behalf is not considered to be a practice
of law as “one does not practice law by
acting for himself, any more than he
1
 practices medicine by rendering first aid
to himself”
 By conducting the litigation of his own
cases, he acts not as a counsel or lawyer
but as a party exercising his right to
represent himself.
 In CRIMINAL CASES, in grave and less
grave offenses, an accused who is a
layman must always appear by counsel;
he cannot conduct his own defense
without violating his right to due
process of law. In light offenses, a party
litigant can represent himself/herself
 The first and most important duty of a
lawyer is his duty to the court. The
lawyer is an officer of the court who sets
the judicial machinery with the main
mission of assisting the court in the
administration of justice. His public
duties take precedence over his private
duties

SANCTIONS FOR PRACTICE OR APPEARANCE

WITHOUT AUTHORITY
ICE-DA
1. Petition for Injunction
2. Contempt of Court
3. Estafa – against a person who falsely
represented himself to be an attorney to
the damage of a party

4. Disqualification and complaints for

disbarment
5. Administrative complaint against erring
lawyers or government officials

 A person who has been refused

admission to the bar by order of the SC
but nonetheless attempts to practice law
is guilty of INDIRECT CONTEMT

PUBLIC OFFICIALS AND THE PRACTICE OF

LAW

GR: The appointment or election of an attorney

to a government office disqualifies him from
engaging in the private practice of law

2
 CANON I
RULE 1.01
GROSSLY IMMORAL CONDUCT
- one that is so corrupt and false as to
constitute a criminal act or so
unprincipled or disgraceful as to be
reprehensible to a high decree.
- (IMMORAL CONDUCT) It is willful,
flagrant or shameless act, which shows a
moral indifference to the opinion of
respectable members of the community
 To justify suspension or disbarment, the
act complained of must not only be
immoral but grossly immoral
 A lawyer may be disciplined for
misconduct committed either in his
professional or private capacity
MORAL TURPITUDE
- an act of baseness, vileness or depravity
in the duties which a person owes to
another or to the society in general,
which is contrary to the usually
accepted and customary rule of right
and duty which a person should follow.
The question as to whether an offense
involves moral turpitude is for the SC to
decide
- Everything done contrary to justice,
decency, modesty or good morals
RULE 1.02
 Every lawyer should not render any
service or give advice to any client that
would involve defiance of the very laws
that he was bound to uphold and obey.
RULE 1.03
BARRATRY
- an offense of frequently exciting and
stirring up quarrels and suits, either at
law or otherwise
- lawyer’s act of fomenting suits among
individuals and offering his legal
services to one of them
AMBULANCE CHASING
- an act of chasing victims of accidents for
the purpose of taling to the said victims
and offering his legal services for the
filing of a case against the person who
caused the accident.
- It has spawned a number of recognized
evils such as:
1. Fomenting of litigations with
resulting burdens on the courts
and the public
2. Subordination of perjury
3. Mulcting of innocent persons by
judgments, upon manufactured
causes of action
4. Defrauding of injured persons
having proper causes of action
but ignorant of legal rights and
court procedures
 It is unprofessional for a lawyer to
volunteer advice to bring a lawsuit,
except in rare cases where ties of blood,
relationship or trust make it a duty to do
so (Canon 28 CPE)
RULE 1.04
GR: Advertisements by lawyers is NOT allowed.
The most worthy and effective advertisement
possible is the establishment of a well-merited
reputation for professional capacity and fidelity
to trust
TO THE LEGAL PROFESSION
INTEGRATED BAR OF THE PHILIPPINES
(Rule 139-A)
MEMBERSHIP
 (IN RE: EDILLON CASE; IBP
MEMBERSHIP AND RIGHT FREEDOM
OF ASSOCIATION) To compel a member
of the Integrated Bar is not violative of
the constitutional freedom to associate.
Integration does not make a lawyer a
member of any group of which he is not
already a member. He became a
member of the Bar when he passed the
Bar examinations. All that integration
actually does is to provide an official
national organization for the well-
3
 defined but unorganized group of which
every lawyer is already a member
 (EDILLON CASE) all legislation directing
the integration of the Bar have been
uniformly and universally sustained as a
valid exercise of the police power
over an important profession. The
practice of law is not a vested right but a
privilege, a privilege moreover clothed
with public interest because a lawyer
owes substantial duties not only to his
client, but also to his brethren in the
profession, to the courts, and to the
nation, and takes part in one of the most
important functions of the State — the
administration of justice — as an officer
of the court. The practice of law being
clothed with public interest, the holder
of this privilege must submit to a degree
of control for the common good, to the
extent of the interest he has created. As
the U. S. Supreme Court through Mr.
Justice Roberts explained, the
expression “affected with a public
interest” is ”he equivalent of “subject to
the exercise of the police power” (Nebia
vs. New York, 291 U.S. 502)... But the
most compelling argument
sustaining the constitutionality and
validity of Bar integration in the
Philippines is the explicit
unequivocal grant of precise power
to the Supreme Court by Section 5 (5)
of Art VIII of the Constitution... the
power “to promulgate rules
concerning pleading, practice and
procedure in all courts, and the
admission to the practice of law, and
the integration of the Bar ”—it at once
becomes indubitable that this
constitutional declaration vests the
Supreme Court with plenary power in
all cases regarding the admission to and
supervision of the practice of law... Thus,
when the respondent Edillon entered
upon the legal profession, his practice of
law and his exercise of the said
profession, which affect the society at
large, were (and are) subject to the
power of the body politic to require him
to conform to such regulations as might
be established by the proper authorities
for the common good, even to the extent
of interfering with some of his liberties.
If he did not wish to submit himself to
such reasonable interference and
regulation, he should not have clothed
the public with an interest in his
concerns.
 (VOLUNTARY TERMINATION OF
MEMBERSHIP) A lawyer may terminate
his membership by filing a written
notice to that effect with the Secretary
of the Integrated Bar, who shall bring
the matter to the SC.
o (REINSTATEMENT) may be
made by the Court in accordance
with rules and regulations to be
prescribed
MEMBERSHIP DUES
- every member of the integrated bar
shall pay such annual dues as the
Board of Governors shall determine
with the approval of the SC
- A fixed sum equivalent to 10% of the
collections from each Chapter shall be
set aside as WELFARE FUND for
disabled members of the Chapter and
the compulsory heris of deceased
members thereof
 (CONSTITUTIONALITY OF DUES)
VALID. The fee is indeed imposed as a
regulatory measure, designed to raise
funds for carrying out the purposes and
objectives of the integration. Besides, no
less than the Constitution empowered
the SC to promulgate rules governing
admission to the Bar and integration of
the Bar
 RA 7432 providing 20% discount to
Senior Citizens does not apply to IBP
Dues
 The Integration of the PH Bar means the
official unification of the entire lawyer
population. This requires membership
and financial support of every attorney
as condition sine qua non to the practice
of law and the retention of his name in
the Roll of Attorneys of the SC
 Payment of dues is a necessary
consequence of membership in the IBP,
of which no one is exempt.
4
 o This means that the compulsory
nature of payment of dues
subsists for as long as one’s
membership in the IBP
remains regardless of the lack of
practice of, or the type of practice
the member is engaged in
EFFECT OF NON-PAYMENT OF DUES
 (DEFAULT FOR SIX MONTHS) –
suspension of membership in the
Integrated bar
 (DEFAULT FOR ONE YEAR) – ground for
the removal of the name of the
delinquent member from the Roll of
Attorneys
 No action involving the suspension or
disbarment of a member or the removal
of his name from the Roll of Attorneys
shall be effective without the final
approval of the SC
TO THE COURTS
CANON VII
RULE 7.01
 (CONCEALMENT OF A CRIME NOT
INVOLVING MT) It is the fact of
concealment and not the commission of
the crime that makes him morally unfit
to become a lawyer. The concealment
constitutes perjury.
RULE 7.03
 Sexual relations outside marriage is
considered disgraceful and immoral as
it manifests deliberate disregard of the
sanctity of marriage and the marital
vows protected by the Constitution and
affirmed by our laws
 (LAWYER’S FAILURE TO PAY DEBTS)
No administrative liability. However,
when the non-payment of debt is
deliberate, then such conduct reflects
character unbecoming of a lawyer hence
administratively liable
CANON VIII
 A lawyer’s language should be forceful
but dignified, emphatic but respectful as
befitting an advocate and in keeping
with the dignity of the legal profession
 (FACEBOOK POSTS) Before one can
have an expectation of privacy in social
networking activity, it is necessary that
said user manifests the intention to keep
certain posts private, through the
employment of measures to prevent
access thereto or to limit its liability
RULE 7.03
 (ADDITIONAL EXCEPTION: A LAWYER
MAY INTERVIEW ANY WITNESS OF
THE OPPOSING PARTY EVEN WITHOUT
THE CONSENT OF THE LATTER) This is
because a witness is supposed to be
neutral person whose role is to tell the
truth when called upon to testify
 (HOW ABOUT THE OPPOSING PARTY
HIMSELF?) Not allowed. A lawyer
should not in any way communicate
upon a subject of controversy with a
party represented by counsel, much less
should he undertake to negotiate or
compromise with the matter with him,
but should deal only with his counsel.
OW, he is deemed to have encroached
into the employment of the opposing
counsel
CANON IX
 Note that “Clerk of Courts” are
authorized to administer oath on
matters involving official business.
Consequently, they cannot be
considered to have engaged in the
unauthorized practice of law
RULE 9.01
RULE 9.02
 Notarizing affidavits is a legal service
hence the proceeds therefrom cannot be
shared with a non-lawyer
CANON X
RULE 10.01
5
 A lawyer owes fidelity to the cause of his
client but not at the expense of truth and
the administration of justice
CANON XI
 In case of conflict between his duty to
the court and his duty to the society and
his client, the other must yield since it is
his duty to the court that should take
precedence
 Criticisms against judges shall be bona
fide and shall not spill over the walls of
decency and propriety.
 The court in a PENDING litigation, must
be shielded from embarrassment and
influence in performing the important
duty of deciding it. On the other hand,
once litigation is concluded, the judge
who decided on it is subject to the same
criticism as any other public official
because then his ruling becomes public
property and is thrown open to public
consumption
 (LAWYER’S REFUSAL TO FILE
COMMENT AS ORDERED BY THE
COURT) The act of disobeying a court
order constitutes violation of Canon XI
of the CPR.
 The duty to observe and maintain
respect is not a one-way duty from a
lawyer to judge. A judge should also be
courteous to counsel, especially those
who are young and inexperienced and
to all those appearing or concerned in
the administration of justice
 (MIRIAM SANTIAGO PRIVILEGE
SPEECH CASE) Her statements, being
part of her privilege speech, were
covered by the constitutional provision
on parliamentary immunity. It is not
actionable criminally or in a disciplinary
proceeding under the ROC. However as
member of the Bar, she should be
reminded of her duty to maintain the
respect due to the courts and to judicial
officers
 (LAWYER SENDING PRIVATE LETTER
OF CRITICISM AGAINST A JUSTICE)
Letters addressed to the individual
justices in connection with the
performance of their judicial functions
become part of the judicial record and
are matter of concern for the entire
court
 A lawyer has the right and obligation to
comment on the shortcomings and
indiscretions of judges and courts.
However, such right must be bona fide.
o It is proper to criticize judges but
it is improper to subject them to
abuse and slander, degrade them
or destroy public confidence in
them
RULE 11.05
Complaint against lawyer and venue
ADMINISTRATIVE – OCA of the SC
CRIMINAL – Office of the Ombudsman/OCP
IMPEACHMENT – Congress
CANON XII
RULE 12.03
 Asking for an extension of time must be
in good faith. Otherwise, it is an
obstruction of justice and the lawyer is
subject to discipline
RULE 12.04
 It must be kept in mind that the
procedural rules are intended as an aid
to justice, not as means for its
frustration
RULE 12.06
 Additional criminal liabilities
o Lawyer – offering false testimony
in evidence (Art. 184,RPC)
o Witness – False Testimony (Arts.
181-183, RPC)
TO THE CLIENTS
CHARACTERISTICS OF ATTORNE-CLIENT
RELATIONSHIP
PCF
1. Highly Confidential
6
- communication made in the course of
professional employment which was
intended to be confidential
 *****(INFORMATION GIVEN DURING A
DRINKING SPREE IS NOT
CONFIDENTIAL) First, it was not made
on account of an attorney-client
relationship. Second, it was not made in
confidence. Third, the attorney-client
privilege does not cover information
concerning a crime or fraud being
committed or proposed to be
committed.
o Note that crimes and offenses
already committed by the client
are covered by the privileged
communication rule
2. Strictly Personal
- prohibits the delegation of work
without the client’s consent
3. Fiduciary
- holds in trust all money and property of
his client that may come into his
possession
- When a lawyer enforces a charging lien
against his client, the relationship is
terminated
- An attorney cannot represent adverse
interest except with the parties’ written
consent
CANON XIV
 The right to counsel must be more than
just the presence of a lawyer in the
courtroom or the mere propounding of
standard questions and objections
o The right assumes an active
involvement by the lawyer in the
proceedings, particularly at the
trial of the case, his bearing
constantly in mind of the basic
rights of the accused, his being
well-versed on the case, and his
knowing the fundamental
procedures, essential laws and
existing jurisprudence
 *****It is the attorney’s duty to counsel
or maintain such actions or proceedings
only as appears to him to be just and
only such defenses as he believes to be
honestly debatable under the law
o Hence, in a Civil case, a lawyer
can decline if he believes the
action or defense to be
unmeritorious
RULE 14.01
 (SOLELY ON ACCOUNT OF HIS OPINION
OF THE GUILT OF THE ACCUSED) Note
that it is not the duty of the lawyer to
determine the guilt of the accused. It is a
judicial function. Furthermore, the
accused enjoys the constitutional
presumption of innocence. The role of
the lawyer is to see to it that his
constitutional right to due process is
observed.
RULE 14.02
 CONSIDERATIONS IN APPOINTING
COUNSEL DE OFICIO
o Gravity of the offense
o Difficulty of the questions that
may arise
o Experience and ability of
appointee
CANON XV
RULE 15.02
 (PURPOSES OF THE PRIVILEGE
COMMUNICATION RULE)
a) To encourage a client to make a
full disclosure of the facts of the
case to his counsel without fear;
and
b) To allow the lawyer freedom to
obtain full information from his
client
 Note that crimes and offenses already
committed by the client are covered by
the privileged communication rule
 The privilege character of the
communication ceases only when
waived by the client himself or after his
death, by his heir or legal representative
 The announced intention of a client to
commit a crime is not included within
the confidences which his attorney is
bound to respect. In this case, the
7
 attorney has the obligation to disclose
the same to the authorities.
*****REQUISITES OF PRIVILEGED
COMMUNICATION
1. There is attorney-client relationship or a
kind of consultancy requirement with a
prospective client
2. The communication was made by the
client to the lawyer in the course of the
lawyer’s professional employment
3. The communication must be intended to
be confidential
 Client identity is privileged where a
strong probability exists that revealing
the client’s name would implicate that
client in the very activity for which he
sought the lawyer’s advice
 There is no conflict of interest in a
situation where a lawyer represents his
present client against his former client,
so long as no confidential information
acquired duting the previous
employment was used against the
former client by the lawyer
o The prohibition does not cover a
situation where the subject
matter of the present
engagement is totally unrelated
to the previous engagement of
the attorney
 (PARTNER HAD NO IDEA THAT THE
OPPOSING PARTY HAS RETAINER
AGREEMENT WITH HIS LAW FIRM) The
prohibition against representing
conflicting interests is absolute and the
rule applies even if the lawyer has acted
in good faith and with no intention to
represent conflicting interests
RULE 13.05
 INSTANCES WHEN LAWYERS CANNOT
REPRESENT CONFLICTING INTEREST
EVEN IF THE CONSENT OF BOTH
CLIENTS WERE SECURED
When the conflict is between:
1. The attorney’s interest and that
of a client
2. A private client’s interest and
that of the government or any of
its instrumentalities
 REMEDIES IF THE LAWYER FAILED TO
DISCLOSE CONFLICTING INTERESTS
a) Action to Set Aside the Judgment
b) Action for damages against the
lawyer
c) Administrative complaint against
the lawyer
CANON XVI
 (JUDGE BOUGHT A UNIT FROM THE
CONDOMINIUM DEVELOPER AFTER
RENDERING JUDGMENT IN THE
LATTER’S FAVOR) Allowed. The
prohibition imposed by the NCC (Art.
1491(3)), prohibiting judges and
attorneys, and that contained in the
CPR, Canon 10, with regard to purchase
of any interest in the subject matter of
litigation both refer only to instances
where the property is still the subject of
litigation.
 A lawyer’s failure to return upon
demand the funds or property held by
him on behalf of his client gives rise to
the presumption that he has
appropriated the same for his own use
to the prejudice of, and in violation of
the trust reposed in him by his client
RULE 16.01
 The fact that a lawyer has a lien for his
attorney’s fees on the money in his hand
collected for his client does not relieve
him from the obligation to make a
prompt accounting
RULE 16.03
 In the application of attorney’s lien, a
lawyer shall give notice to his client
otherwise, the same might be construed
as misappropriation which may subject
him to disciplinary action
CANON XVIII
 The legal profession demands of a
lawyer that degree of vigilance and
attention of a good father of a family or
ordinary pater familias
o He is not required to exercise
extraordinary diligence
 *****An attorney is not expected to
know all the laws. He is not liable for
8
 disbarment for an honest mistake or
error. He is not an insurer of the result
in a case where he is engaged in as
counsel. Only ordinary care and
diligence are required of him
RULE 18.01
 The professional incompetence of a
lawyer may be a special ground for
disbarment if his incompetence is so
total, gross, and serious that he cannot
be entrusted with the duty to protect
the rights of his clients.
RULE 18.03
 GR: the client is bound by the mistakes
and negligence of his lawyer
o XCPS:
 When it would result to
outright deprivation of
client’s liberty or property
 Where interests of justice
requires otherwise
 Gross negligence of
lawyer amounting to
denial of due process
o If by reason of the lawyer’s
negligence, actual loss has been
suffered by his client, the latter
has a cause of action against the
former for damages. However,
for the lawyer to be held liable,
his failure to exercise reasonable
care, skill and diligence must be
proximate cause of the loss
RULE 18.04
 DOCTRINE OF IMPUTED KNOWLEDGE
- the knowledge acquired by an attorney
during the time that he is acting within
the scope of his authority is imputed to
the client.
- The knowledge of the lawyer is also the
knowledge of the client
o It is based on the assumption
that an attorney, who has notice
of matter affecting his client, has
communicated the same to his
principal in the course of his
professional dealings
 *****Notice to counsel is notice to client,
but not vice versa if the latter appeared
by attorney
RULE 19.03
CONTROL OVER THE CASE
 (AS TO MATTERS OF PROCEDURE) -
Lawyer
 (AS TO SUBJECT MATTER) – client
o e.g. cause of action, claim or
demand and subject of litigation
ATTORNEY’S FEES
CANON XX
RULE 20.1
PANCIT-CCCP
 (WRITTEN AGREEMENT EXISTS)
Generally, the amount of attorney’s fees
due is that stipulated in the retainer
agreement which is conclusive as to the
amount of lawyer’s compensation
o XCP: Whenever the stipulated
amount in the written contract is
found by the court to be
unconscionable or unreasonable
 (NO WRITTEN AGREEMENT) In the
absence thereof, the amount of
attorney’s fees is fixed on the basis of
quantum meruit, that is, what the
lawyer deserves for his services
GENERAL RETAINER
- a fee paid to a lawyer to secure his
future services as general counsel for
any ordinary legal problem that may
arise in the ordinary business of the
client and referred to him for legal
action
SPECIAL RETAINER
- a fee for specific or particular case or
service rendered by the lawyer to a
client
 *****Generally, the retainer of a
member of a law firm is equivalent
to the retainer of the firm itself
o XCP: If the lawyer was
engaged without the client
knowing that the former
belongs to a law firm
9

ACCEPTANCE FEES
- it is not a contingent fee but is an
absolute fee arrangement which entitles
a lawyer to get paid for his efforts
regardless of the outcome of the
litigation.
CONTINGENCY FEE ARRANGEMENTS
- one which stipulates that the lawyer will
be paid for his legal services only if the
suit or litigation ends favorably to the
client
 (RATIONALE) they are permitted
because they redound to the benefit
of the poor client and the lawyer
especially in cases where the client
has meritorious cause of action, but
no means with which to pay for the
legal services unless he can, with the
sanction of law, make a contract for
a contingent fee to be paid out of the
proceeds of the litigation
 It must be reasonable
 A much higher compensation is
allowed as contingent fees in
consideration of the risk that the
lawyer will get nothing if the suit
fails
 *****A contingent fee arrangement is
not covered by Art. 1491 NCC
because the transfer or assignment
of the property in litigation takes
effect only upon finality of a
favorable judgment
*****QUANTUM MERUIT
- a device that prevents an unscrupulous
client from running away with the fruits
of the legal services of counsel without
paying for it and it also avoids unjust
enrichment on the part of the attorney
himself
- (WHEN APPLICABLE)
o no express contract for payment
of attorney’s fees
o the fees fixed in the contract are
unconscionable or unreasonable
o the counsel, for justifiable cause,
was not able to finish the case to
its conclusion
o client dismissed the counsel
before termination of the case
CHAMPERTOUS CONTRACT
- one where the lawyer stipulates with his
client in the prosecution of the case that
he will bear all the expenses for the
recovery of things or property being
claimed by the client, and the latter
agrees to pay the former a portion of the
thing or property recovered as
compensation
- It is void for being contrary to public
policy, because it would make him
acquire a stake in the outcome of the
litigation which might lead him to place
his own interest above that of the client
ATTORNEY’S LIENS
RETAINING LIEN
- the right of an attorney to retain the
funds, papers and documents of his
clients which have lawfully come into
his possession until his lawful fees and
disbursements have been satisfied, and
may apply such funds to the satisfaction
thereof
REQUISITES TO BE ABLE TO EXERCISE
RETAINING LIEN:
LAU
a) *****Lawful possession of the client’s
funds, papers and documents by reason
of his professional capacity
b) Attorney-client relationship
c) Unsatisfied claim for attorney’s fees and
disbursements
CHARGING LIEN
- right which the attorney has upon all
judgments for the payment of money
and executions issued in pursuance of
said judgments, which he has secured in
litigation of his client
REQUISITES TO BE ABLE TO EXERCISE
CHARGING LIEN:
SURFA
a) Attorney-client relationship
b) Attorney has rendered services
10
 c) *****Favorable money judgment
secured by the counsel for his client
o A charging lien, to be enforceable
as a security for the payment of
attorney’s fees, requires as a
condition sine qua non, a
judgment for money and
execution in pursuance of such
judgment secured in the main
action by the attorney in favor of
his client
d) Unsatisfied claim for attorney’s fees and
disbursements
e) Statement of the claim has been duly
entered in the records of the case AND
notice thereof duly sent to the client and
adverse party
CHARGING LIEN VS RETAINING LIEN (see p.
102 GN)
E-BANCE
a) As to effectivity
b) Basis
c) Applicability
d) Nature
e) Coverage
f) Extinguishment
CONCEPT OF ATTORNEY’S FEES:
1. Ordinary Attorney’s Fees
- the reasonable compensation paid to a
lawyer by his client for the legal services
he has rendered to the latter
2. Extraordinary Attorney’s Fees (See Art.
2208 NCC)
- an indemnity for damages ordered by
the court to be paid by the losing party
in litigation
- payable to the client and not to the
lawyer unless there is an agreement to
the contrary
CANON XXI
 See Art. 209 RPC (BETRAYAL OF TRUST
BY ATTORNEY)
CLIENT’s IDENTITY
 GR: A lawyer may not invoke privilege
communication to refuse revealing
client’s identity
o XCPS:
o Strong possibility that revealing
the client’s name would implicate
him to the very activity for which
he sought legal advice
o When disclosure would open the
client to civil liability
o When the government’s lawyers
have no case against the client
and revealing the client’s name
would furnish the only link that
would come from the chain of
testimony necessary to convict
him
CANON XXII
 GR: A lawyer lacks the unqualified right
to withdraw once he has taken a case
o XCPS: (Sec. 26, Rule 138)
1. With the client’s written consent
2. By permission of the court, after
notice and hearing
 A lawyer should not presume that the
court will grant his petition for
withdrawal. Until his withdrawal shall
have been approved, the lawyer remains
counsel of record who is expected by his
client as well as by the court to do what
the interest of his client require.
 (PETITION FOR
WITHDRAWAL/MOTION FOR RELIEF)
cannot just be made spontaneously in
open court. He must serve a copy of his
petition upon the client and the adverse
party. He should, moreover, present his
petition well in advance of the trial of
the action to enable the client to secure
the services of another lawyer.
11
 SUSPENSION, DISBARMENT AND
DISCIPLINE OF LAWYERS
 The power to discipline a lawyer is
judicial in nature and can be exercised
only by the courts
 Note that the CA and RTC have the
powers to:
o Suspend, Warn, Admonish,
Reprimand and place a lawyer in
probation
o They CANNOT however disbar a
lawyer
NATURE AND CHARACTERISTICS OF
DISCIPLINARY ACTION
 Administrative cases against lawyers
belong to a class of their own - SUI
GENERIS. They are distinct from and
may proceed independently of civil and
criminal cases
o Neither purely civil nor purely
criminal
o Not a civil action because there is
neither plaintiff nor respondent,
and involves no private interest
but the interest of the public in
the administration of justice
o Not a criminal action because it is
not means as a punishment
depriving him of source of
livelihood but rather to ensure
that those who exercise the
function are competent and
honorable
 CONSEQUENCES OF SUI GENERIS
NATURE
o Defense of in pari delicto does
not prosper
o Affidavit of desistance nor
compromise does not warrant
dismissal
o The legal personality and interest
of complainant is immaterial
o Prescription will never set in
CHARACTERISTICS OF DISBARMENT
PROCEEDINGS
1. Sui Generis
2. The defense of double jeopardy cannot
be availed of in a disbarment
proceeding;
3. It can be initiated motu proprio by the
SC or IBP. It can be initiated without a
complaint;
4. It is imprescriptible;
5. Conducted confidentially;
6. It can proceed regardless of the interest
or the lack thereof on the part of the
complainant
7. It in itself constitutes due process of law
8. Whatever has been decided in a
disbarment case cannot be a source of
right that may be enforced in another
action;
9. In pari delicto rule not applicable;
10. No prejudicial question in disbarment
proceedings;
11. Penalty in a disbarment case cannot be
in the alternative; and
12. Monetary claims cannot be granted
except restitution and return of monies
and properties of the client given in the
course of the lawyer-client relationship
 (QUANTUM OF PROOF) Clear
preponderant evidence
 There can never be double disbarment;
a disbarred lawyer can not be disbarred
anew
GROUNDS:
DWCV – GMGC (See backpage of
Syllabus)
PROCEEDINGS
 Any interested person or the court moto
proprio may institute disciplinary
proceedings
 NOTE that the IBP has no power to
dismiss complaint against lawyers. It
may only recommend the dismissal of
such complaints as the power to dismiss
complaints against lawyers is solely
reserved to the SC
 (CONFIDENTIALITY) Disbarment
proceedings are confidential in nature
until their final resolution and the final
decision of the Court
o (FORTUN v. QUINSAYAS) The
filing of a disbarment complaint
against Atty. Fortun is a matter of
public concern considering that it
arose from the Maguindanao
Massacre case – a very high-
12
 profile case. It is understandable
that any matter related to the
said case is considered a matter
of public interest and that the
personalities involved, including
Atty. Fortun, are considered
public figure. Thus, media has the
right to report the filing of the
disbarment case as legitimate
news.
 (JUDGMENT OF SUSPENSION OF A
FILIPINO LAWYER IN FOREIGN COURT)
Judgment of suspension against a PH
lawyer may transmute into a similar
judgment of suspension in the PH only if
the basis of the foreign court’s action
includes any of the grounds for
disbarment or suspension in this
jurisdiction.
o But he is still entitled to due
process of law, and the foreign
court’s judgment only constitutes
prima facie evidence of unethical
conduct as lawyer
 (DESISTANCE OF COMPLAINANT) Does
not deprive the court of the authority to
proceed to determine the matter. The
complainant in a disbarment case is not
a direct party to the case, but a witness
who brought the matter to the attention
of the Court.
 The doctrine of Res Ipsa Loquitur is
applicable in cases of dismissal of judges
or disbarment of lawyers
READMISSION TO THE BAR
 The power of the SC to reinstate is based
on its Constitutional prerogative to
promulgate rules on the admission of
applicants to the practice of law
LAWYERS WHO HAVE BEEN SUSPENDED
 Lifting a lawyer’s suspension is not
automatic upon the end of the period
stated in the Court’s decision
o An ORDER FROM THE COURT
LIFTING THE SUSPENSION is
necessary in order to enable him
to resume the practice of law
o He must first present PROOF OF
COMPLIANCE by submitting
certifications from IBP and
EXECUTIVE JUDGE that he has
indeed desisted from the practice
of law
LAWYERS WHO HAVE BEEN DISBARRED
REQUIREMENTS FOR JUDICIAL CLEMENCY
FOR DISBARRED LAWYERS AND JUDGES
1. Proof of remorse and reformation
2. Sufficient time must have elapsed from
the imposition of penalty to ensure a
period of reform
3. Age of the person asking for clemency
must show that he still has productive
years ahead of him that can be put to
good use by giving him a chance to
redeem himself
4. There must be showing of promise
(such as intellectual aptitude, learning
or legal acumen or contribution to the
legal scholarship and the development
of the legal system) as well as potential
for public service
5. Other relevant factors that may justify
clemency
 (LAWYER WHO HAVE BEEN
REPATRIATED)
o Filipino citizenship is a
continuing requirement for the
practice of law. Loss thereof
13
terminates the privilege to MANDATORY CONTINUING LEGAL
practice law.
EDUCATION
 HOWEVER, under
reacquisition by virtue of
RA 9225, one is deemed
 MCLE ensures that members of the Bar
not have lost PH
are kept abreast with law and
citizenship.
jurisprudence throughout their career,
 This, notwithstanding, NO
maintain the ethics of the profession
AUTOMATIC RIGHT TO
and enhance the standards of the
RESUME LAW PRACTICE!
practice of law
 Members of the IBP, unless exempted
under Rule 7, shall complete every 3
years at least 36 hours of continuing
legal education activities.
 MCLE for newly admitted member of
the Bar starts on the first day of the
month of his admission

EXEMPTIONS: (See backpage of the

Syllabus)

SANCTIONS:
 (NON-COMPLIANCE NOTICE AND
COMPLIANCE PERIOD) Members failing
to comply will receive a NON-
COMPLIANCE NOTICE stating the
specific deficiency and will be given 60
days from date of notification to file a
response
o The member may use this period
to attain the adequate number of
credit hours for compliance
 A member who fails to comply with the
requirements after the 60 day period
shall:
1. be listed as a DELINQUENT
MEMBER by the IBP Board of
Governors upon
recommendation of the
committee on MCLE.
2. Moreover, he shall be required to
pay NON-COMPLIANCE FEE

 ****BM No 1922, which took effect on
January 1, 2009, requires practicing
members of the bar to indicate in all
pleadings filed before the courts or
quasi-judicial bodies:
o Number and date of issue of their
MCLE Certificate of Compliance
or Certificate of Exemption, as
may be applicable, for the

14
 immediately preceding
compliance period.
o Failure to disclose the required
information would cause the
dismissal of the case and the
expunction of the pleadings from
the records
 (LAWYER WHO LACKS NUMBER OF
MCLE UNITS) He can still practice law
but he will not be able to comply with
BM 1922 requiring lawyers to indicate
in their pleadings the number and date
of MCLE Compliance. Moreover, he shall
be listed as a delinquent member by the
IBP.
MANDATORY LEGAL AID SERVICE
 Every PRACTICING LAWYER is required
to render a MINIMUM OF 60 HOURS of
free legal aid services to INDIGENT
litigants YEARLY
JUDICIAL ETHICS
That branch of moral science which treats of
the right and proper conduct to be exhibited by
all judges in trying and deciding the
controversies before it which must be
demonstrative of impartiality, integrity,
competence, independence and freedom from
improprieties.
- Judges and justices must conduct
themselves as to be beyond reproach
and suspicion, and free from appearance
of impropriety in their personal
behavior, not only in the discharge of
official duties but also in their everyday
lives
- CHARACTER OF THE RELATIONSHIP
BETWEEN JUDGES AND LAWYERS: One
of mutual respect and courtesy. The
CPR requires lawyers to observe and
maintain the respect due to judicial
officers. On the other hand, the CJC
requires judges to be patient, attentive
and courteous to lawyers.
CANON 1: INDEPENDENCE
- A judge shall exercise his judicial
function independently free from any
influence
- The prestige of judicial function shall
not be used to advance the private
interests of others, nor convey or permit
others to convey the impression that
they are in a special position to
influence the judge
- (Sec. 8 – CATCH-ALL) A judge shall
exhibit and promote high standards
of conduct to reinforce the public
confidence in the judiciary which is
fundamental to the maintenance of
judicial independence
 A judge must decide a case based on its
merits. She is expected to be fearless in
the pursuit to render justice, to be
unafraid to displease any person,
interest or power, and to be equipped
with moral fiber strong enough to resist
temptation lurking in her office
 *****(PRINCIPLE OF SUB JUDICE) a
judge is prohibited from making public
statements in the media regarding a
15
 pending case so as not to arouse public
opinion for or against a party.
 (JUDGES RECEIVEING ALLOWANCES
FROM MAYORS) Unethical. Judges shall
be free from inappropriate
connections with, and influence by, the
executive branch, and must appear to be
free therefrom to a reasonable extent.
Receipt of such allowance may create
suspicion on the judge’s ability to
render independent judgment against
the source of allowance
CANON 2: INTEGRITY
- (Sec. 1) Judges shall ensure that not
only is their conduct above reproach,
but is perceived to be so in the view
of reasonable observer
 A judge’s personal behavior, both in the
performance of his duties and in his
daily life, must be free from any
appearance of impropriety as to be
beyond reproach
 (WEARING OF ROBES) Required! Serves
dual purpose:
a. heightening public consciousness
on the solemnity of the
proceedings
b. impressing upon the judge the
exacting obligations of his office
o Should there be any valid reason
for not wearing the robe, the
judge must first seek the
permission of the Court
 *****(PLAGIARISM) Judges adjudicating
cases are not subject to a claim of
plagiarism.
a. The judge is not writing a
literary work
b. Purpose of the writing is to
resolve dispute
 A judge cannot dismiss court personnel.
The power to dismiss a court employee
is vested with the SC.
 Basic ignorance constitutes lack of
integrity
CANON 3: IMPARTIALITY
- (Sec. 1) Judges shall perform their
judicial duties without bias, favor or
prejudice
 DEGREE OF PROOF REQUIRED TO
PROVE BIAS – Clear and convincing
evidence

CANON 4: PROPRIETY
- (CATCH-ALL) Judges shall avoid
impropriety and the appearance of
impropriety in all of their activities
- Judges shall inform themselves of their
personal fiduciary financial interests,
and must make reasonable efforts to be
informed of the financial interests of the
members of their family
- Confidential information acquired by
judges in their judicial capacity shall not
be used or disclosed for any other
purpose not related to their judicial
duties
- Judges shall not practice law whilst the
holder of judicial office
- (Sec. 13) Judges and members of their
families shall neither ask nor accept any
gift, bequest, loan or any favor in
relation to anything done, to be done or
omitted to be done by him or her in
connection with the performance of
judicial duties
 (LADY JUDGE UPLOADING OFF-
SHOULDERED PHOTO) Unethical. It was
an act of impropriety. When she made
the picture available for public
consumption, she placed herself in a
situation where she, and the status she
holds a Judge, may be the object of the
public’s criticism and ridicule. As the
visible personification of law and
justice, judges are held to higher
standards of conduct and, thus, must
accordingly comport themselves.
 (JUDGE ACTED AS A WITNESS TO A
DOCUMENT) ethical and does not
constitute a practice of law.
CANON 5: EQUALITY
- (Sec. 2) Judges shall not, in the
performance of judicial duties, by
words or conduct, manifest bias or
prejudice towards any person or
group on irrelevant grounds
16
  A judge must be aware that an alumnus
of a particular law school has no
monopoly of knowledge of law. By
hurdling the Bar examinations, taking
the lawyer’s oath, and signing the roll of
attorneys, a lawyer is presumed to be
competent to discharge his functions
and duties as an officer of the court,
irrespective of where he obtained his
degree.
CANON 6: COMPETENCE AND DILIGENCE
- (Sec. 1) The judicial duties of a judge
take precedence over all other activities
- (Sec. 3) Judges shall take reasonable
steps to maintain and enhance their
knowledge, skills and personal qualities
necessary for the proper performance of
their judicial duties
- (Sec. 5) Judges shall perform all
judicial duties efficiently, fairly and
with reasonable promptness
- (Sec. 6) Judges shall maintain order
and decorum in all proceedings
before the court and be patient,
dignified and courteous with the
litigants, witnesses, counsels and
others with whom the judge deals in
an official capacity.
- *****NB: Art. VIII, Sec. 15(1) of the 1987
PC mandates lower court judges to
decide a case within the reglementary
period of 90 days from the time the
case was submitted for decsision!!
o Failure to decide cases within the
prescribed period, without
strong and justifiable reason,
constitutes gross inefficiency
warranting administrative
sanctions
o The judge may, however, ask the
Court for an extension of time
within which to decide the case
should there be any strong
justification for the delay
 A judge may not be administratively
sanctioned from mere errors of
judgment in the absence of showing of
any bad faith, fraud, malice, gross
ignorance, corrupt purpose, or a
deliberate intent to do an injustice on
his or her part.
o NB: When a basic principle of
law is involved and when an
error is so gross and patent,
error can produce an inference of
bad faith, making the judge liable
for gross ignorance of the law
o When a law or a rule is basic,
judges owe it to their office to
simply apply the law. Anything
less is gross ignorance of the law
 Although good faith and absence of
malice or corruption are sufficient
defenses, such do not apply where the
issues are so simple and the applicable
legal principles evident and basic as to
be beyond possible margin of error
 One who accepts the exalted position of
a judge owes the public and the court
the duty to maintain professional
competence at all times
 *****Besides possessing all the requisite
learning in the law, a magistrate must
exhibit that hallmark judicial
temperament of UTMOST SOBRIETY
AND SELF-RESTRAINT which are
indispensable qualities of every judge
DISQUALIFICATION OF JUDICIAL OFFICERS
1. COMPULSORY (DISQUALIFICATION)
- there are specific grounds enumerated
by the rules
- mandatory hence judge exercises no
discretion provided any of the grounds
exists
GROUNDS: PARE-REF (see back of
syllabus)
 REMITTAL OF DISQUALIFICATION (A
judge who disqualified may, instead of
withdrawing from the case, disclose on
the records of the case the ground for
disqualification; and if all the parties
and lawyers agree in writing that said
ground is unsubstantial or immaterial,
the judge may then continue with the
proceeding. Such agreement in writing
shall be signed by all parties and
counsels, and must be incorporated in
the records of the case
2. VOLUNTARY (INHIBITION)
17
 - the rule leaves the matter to the sound
discretion of the judge. He may
disqualify himself for just or valid
reasons other than those mentioned
above
- An act when a judge personally prevents
himself from taking cognizance of the
case
o This is made through a written
petition to inhibit
 Petition to disqualify a judge must be
filed before rendition of judgment.
Otherwise the parties are deemed to
have waived the impartiality of the
judge
 Inhibition is not allowed at every
instance that a schoolmate or classmate
appears before the judge as counsel for
one of the parties
ADMINISTRATIVE JURISDICTION OF THE SC
OVER JUDGES AND JUSTICES
1. Unsullied name and service of record
prior to dismissal
2. Commitment to avoid situations that
spur suspicion of arbitrary conditions
3. Complainant mellowed down in
pushing for his removal
4. Length of time separated from service
PERSONS EXEMPT FROM PAYMENT OF LEGAL
FEES:
1. INDIGENT LITIGANTS
 He must execute an affidavit that:
a. he and his immediate family do not
earn a gross income of an amount
double the monthly minimum
wage of an employee, and;
b. they do not own any real
property with the fair value of
more than P300,000.00
2. REPUBLIC OF THE PHILIPPINES

- The SC shall have the administrative

supervision of all courts and personnel
- The Court en banc has the power to
discipline all judges of lower courts
including justices of the CA

 SC justices must first be impeached

before they may be disbarred in
accordance with the Constitution
 *****A judge may be disciplined for acts
committed before his appointment to
the judiciary
 Judges will not be held administratively
liable for mere errors of judgment in
their rulings or decisions absent a
showing of malice or gross ignorance on
their part
 An administrative, civil or criminal
action action against a judge cannot be a
substitute for an appeal
 Administrative penalties imposed on
judges are both PUNITIVE and
CORRECTIVE
 (REINSTATEMENT OF A JUDGE
PREVIOUSLY DISCIPLINED) Factors to
be considered:
MCLN

18